Chesbrough v. The New York & Erie Railroad

The plaintiff in his complaint alleges, that on the 8th of May, 1841, an agreement was made between him and his associates on one side, and the defendants on the other side, and was reduced to writing and signed; which provided, in substance that a contract, to the effect therein particularly stated, for the construction of about fifty miles of the defendants’ road, should be entered into between the parties thereto, as soon as the same, together with the requisite plans and specifications, could be prepared. A copy of this agreement is set forth in the complaint, which states, with some…